BAZ’s Grounds of Appeal against High Court’s decision to allow Kwese TV and Dr. Dish to operate

The Broadcasting Authority of Zimbabwe (BAZ) noted an appeal at the Supreme Court to challenge the decision by High Court judge Justice Charles Hungwe allow Kwese TV  and its broadcasting partner Dr Dish to continue operating until the matter is concluded.   Here is their appeal:

GROUNDS OF APPEAL

FURTHER TAKE NOTICE THAT the grounds upon which this appeal is based are the following:

1. The High Court erred in not finding that its jurisdiction to deal with the application arising from the suspension or cancellation of a licence was ousted by section 43 (1) (e) of the Broadcasting Act (Chapter 12 06) (-the Act”)
2. The High Court further grossly erred in not finding that the application before it was not urgent. the licence in issue having been lawfully cancelled by the Appellants on the 22nd of August 2017.

3. The High Court further erred in granting an order authorising the Respondent to distribute content from Econet Media Ltd (Mauritius) in the absence of an amendment to its licence in terms of section 15 of the Act and therefore holding that the notification sent by the Respondent to the Appellants in terms of section 17 of the Act had the effect of amending the licence.

4. The High Court further erred in finding that the cancellation of the Respondent’s licence was prima facie ultra vires the Act on account of the absence of the Board while at the same time holding that the Respondent’s notification of the change of content could be validly accepted to the absence of the Board.

5. The High Court further grossly erred in finding that the Respondent had established irreparable harm notwithstanding that the alleged harm was self-inflicted and was suffered while the Respondent was operating unlawfully.

6. The High Court further grossly erred in failing to find that the Respondent had a more efficacious alternative remedy provided in terms of section 43 of the Act and a claim for damages.

7. The High Court grossly erred in improperly exercising its discretion to grant the relief sought and its decision was irrational on the basis of grounds of appeal 1-6 above.

 

RELIEF SOUGHT

WHEREFORE the Appellants pray that the appeal be allowed with costs and judgment of the High Court be set aside and substituted with the following –

The application is dismissed with costs.”

Dated at Harare this 11. day of September 2017

T.H CHITAPI & ASSOCIATES
Appellants’ Legal Practitioners
Appellants’ address for service is:
Messrs T H Chitapi & Associates
1st, Floor, Local Government House
86 Selous Avenue/8,h Street

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